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TPP treaty: potential changes to Canadian copyright and trade secret laws
  • Gowling Lafleur Henderson LLP
  • Canada
  • November 16 2015

Negotiations on the much anticipated Trans-Pacific Partnership Agreement (TPP) were concluded on Oct. 5, 2015. After seven years of negotiation and

Google Books held “fair use” in the U.S. but would it also be “fair dealing” in Canada?
  • Bereskin & Parr LLP
  • Canada, USA
  • October 27 2015

By affirming that Google Books is fair use under the United States Copyright Act (the "Act"), the United States Court of Appeals for the Second

A practical guide to software license agreements: source code escrow arrangements
  • Borden Ladner Gervais LLP
  • Canada
  • October 28 2013

Software license agreements often include a source code escrow arrangement that allows the customer to access and use source code for the licensed

A practical guide to software license agreements: term and termination
  • Borden Ladner Gervais LLP
  • Canada
  • February 17 2012

Software licenses and associated services are usually time-limited and subject to early termination

Protection of functional features through industrial designs
  • Smart & Biggar/Fetherstonhaugh
  • Canada
  • November 4 2015

In the decision of Zero Spill Systems Inc v Heide, 2015 FCA 115, the Federal Court of Appeal has clarified the scope of industrial design protection

Software licenses and indemnities: what obligations are you taking on?
  • Field Law
  • Canada
  • June 5 2013

License agreements often contain indemnities. An indemnity is a contractual obligation to step in and reimburse some financial obligation such as a

Online infringement: Canadian "notice and notice" vs us "notice and takedown"
  • Heenan Blaikie LLP
  • Canada
  • June 27 2012

News that Canadian band In-Flight Safety has been subject to postings of its songs on YouTube being removed by the service for purported copyright infringement ("Maritime band battles to keep music on YouTube") means a timely opportunity to consider the differences between Canadian and US copyright law when it comes to infringing content online

Deal or no deal: copyright protection in television formats
  • Cassels Brock & Blackwell LLP
  • Canada, Global
  • May 25 2011

The licensing of television formats is a huge business, generating billions of dollars worldwide

Chain of title - corporate copyright ownership
  • Heenan Blaikie LLP
  • Canada
  • October 5 2012

When reviewing the "chain of title" for an entertainment product (borrowing from Gordon Firemark, "chain of title" is "the paper trail that establishes a person or company’s right to take proposed action with respect to a piece of property"), questions may arise regarding the ownership status of copyrighted works which were created by individuals who are shareholders, officers andor directors of a corporation and who did not sign an agreement with the corporation which expressly granted to the corporation copyright in the works which they created in their capacity as officers andor directors

“Idea theft” lawsuits gain new life in United States
  • McCarthy Tétrault LLP
  • Canada, USA
  • June 29 2012

In a case with several important echoes to Canadian appellate law, the United States Court of Appeals for the Second Circuit has revived the actor’s Hayden Christensen’s “idea theft” lawsuit against the USA Network this week in the Forest Park Pictures v. Universal Television Network Inc. decision